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Saturday, February 14, 2009

Appointment of the new Perak MB is legitimate

Former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin had filed a suit to challenge the legitimacy of his successor Datuk Dr Zambry Abdul Kadir and the new state government. He claimed that the swearing-in of Dr Zambry last week was unconstitutional and illegal.

Although the crisis can only be solved through legal means, but according Article 16 of the Perak Constitution, the appointment of the new Perak Menteri Besar Zambry Abdul Kadir is legitimate.

Zambry Abdul Kadir

Clause 16 of the Perak state constitution provides that if the Menteri Besar has lost the confidence or the majority of the House, he must resign together with his executive councilors.

Article 16 of the Perak Constitution says that the Sultan shall appoint the Executive Council. He must first appoint Menteri Besar from the members of the Legislative Assembly who “in his judgment is likely to command the confidence of the majority of the members of the Assembly.” Then, on the advice of the MB, the Sultan shall appoint other members of the EC.

Mohd Nizar Jamaluddin

Article 16 (6) says: If the MB ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.

BN now has 28 seats, PKR, PAS and DAP 28, independents, three, although both had the same number of seats, but all the three independent assemblymen had expressed their support for the BN, including in the matter of appointment of the Menteri Besar from among BN members.

The Sultan of Perak, the constitutional monarch, consented to the appointment of the new BN government, after he was convinced the BN had the majority in the Perak state assembly, thus the state government set up by BN and appointment of Mentri Besar are constitutional and legitimate.